House Bill 128
By: Representatives Carpenter of the 4th and Momtahan of the 17th
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to the "Fair Business Practices Act of 1975," so as to prohibit motor
vehicle rental companies from refusing to rent or lease motor vehicles to individuals over the
age of 25 based solely on the age of such individuals; to provide for definitions; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
relating to the "Fair Business Practices Act of 1975," is amended by adding a new Code
section to read as follows:
<ins>"10-1-393.20.
(a) As used in this Code section, the term:
(1) 'Motor vehicle rental company' means an individual or business entity whose
business activity is renting or leasing motor vehicles to consumers under rental
agreements. Such term shall not include an individual engaged in peer-to-peer
car-sharing.
</ins>
<ins>(2) 'Peer-to-peer car-sharing' shall have the same meaning as provided in Code
Section 40-1-220.
(3) 'Rental agreement' means an agreement under which a motor vehicle without a driver
is rented or leased to a consumer for a period of 90 days or less. Such term shall not
include a peer-to-peer car-sharing arrangement.
(b) It shall be an unlawful unfair or deceptive trade practice for any motor vehicle rental
company to refuse to rent or lease a motor vehicle under a rental agreement to an individual
who is 25 years of age or older solely on the basis of the individual's age, provided that
such individual holds a valid driver's license authorizing such individual to operate such
motor vehicle on public roads within this state and such individual has, or is able to obtain
through the motor vehicle rental company or otherwise, an insurance policy that would
apply to such individual's use of such motor vehicle and that would provide at least the
minimum coverages required by law.
(c) Any person who violates this Code section shall be subject to the penalties provided
for in this part."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.